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THIS IS THE ONLY COMPANY who give to the assured on the mutual principle, the whole of the mutual accumulations, and also guarantee the sums assured. THIS IS THE ONLY COMPANY who are bound by their deed of Constitution not to dispute any Policy, unless they can prove that it was obtained by fraudulent misrepresentations; and numerous cases, particularly a late decision in the Court of Exchequer, have shewn how worthless may be a Policy obtained from the most influential office which is unrestrained by this equitable principle. THIS IS THE ONLY COMPANY who bind themselves to pay the sums in the Policies, although the debts for which they were effected, shall have been liquidated before the claims arise. THIS IS ALMOST THE ONLY COMPANY who grant in favour of Creditors whole world Policies, whereby the debt is secured although the debtor should go beyond the limits of Europe. The premiums, calculated according to the Carlisle tables, are lower than usual upon young lives where participation in the profits is not required; and for short assurances, which at the option of the assured may be continued for life, the rates are as low as a due regard to complete security will permit. Specimen of Ascending Table to assure 100%. Age. First 3 Years. £ s. d. Second 3 Years. £ 8. d. 156 1 14 7 2 5 7 60 4 8 11 5 17 4 7 59 8 18 2 10 27 COMMISSION.-The solicitor who transacts an assurance with this Company, is held to be the agent of the policy during its currency, and as such receives Commission upon all future premiums, by whomsoever they may be paid. by the Agents or Manager. Prospectuses and Schedules are forwarded, free of expense ALEXANDER ROBERTSON, Manager. PALMER, FRANCE, & PALMER, Solicitors to the Company. Orders for THE JURIST given to any Newsman or lette (post-paid) sent to the Office, No. 3, CHANCERY LANE, or to V. & R of Portugal Street), 26 and 39, BELL YARD, will insure its punctual STEVENS & G. S. NORTON, (Successors to J. & W. T. Clarke, late delivery in London, or its being forwarded on the evening of publica tion, through the medium of the Post Office, to the Country. London: Printed by WALTER M'DOWALL, PRINTER, 4, PEN BERTON ROW, and Published by STEPHEN SWEET, BOOKSELLER and PUBLISHER, 3, CHANCERY LANE. Saturday, July 29, 1843, No. 343. LONDON, AUGUST 5, 1843. PRICE 18. *The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: Queen's Bench Bail Court {A. Y. KIRWAN, Esq. of Gray's J. R. MARSHMAN, Esq. of Lin- Vice-Chancellor of Eng-TENISON EDWARDS, Esq. of the Court of Exchequer.... {WM.Btest, aq, of Gray's Inn, 1 Inner Temple, Barrister at Law. .... land's Court :{ { LONDON, AUGUST 5, 1843. Barrister at Law. Ecclesiastical and Admi- f Dr. H. I. NICHOLL, of Doctors' ralty Courts Court of Review ........ 1 Commons. { ...... W. W. COOPER, Esq. of the Inner period of limitation whatever. It is important then to ascertain what is the law with respect to rents reserved. on parol demises, independently of these statutes. If it be found that there is no other statute which fixes a period of limitation, there is strong reason for making the 3 & 4 Will. 4, c. 27, applicable to them. But if, on the other hand, such a statute was already in existence, there are equally strong reasons for supposing that it was never intended to include such rents in the modern THE 42nd section of the 3 & 4 Will. 4, c. 27, the "Act for the Limitation of Actions and Suits relating to Real Property," provides, that "no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit,” but within six years next after it shall have be-enactment. come due, or an acknowledgment for it shall have been given. We propose in this paper to make a few observations upon the construction of this clause, with reference to the question whether it applies to rent reserved upon a demise. By the 3 & 4 Will. 4, c. 42, s. 3, which received the royal assent three weeks later, it is enacted, that all actions of debt for rent upon an indenture of demise, and all actions of covenant or debt upon any bond or other specialty, shall be brought within twentyone years. And in Paget v. Foley, (2 Bing., N. C., 679), it was decided by the Court of Common Pleas, that, assuming that the prior statute applied to rents reserved by deed, it was as to such, virtually repealed by the subsequent one. Whether it extended to rents reserved on tenancies was left undecided, but as, in whichever way it may be taken, rents reserved by deed are not within it, our attention must be confined to the question whether it is applicable to rents reserved on parol demise, using that term in contradistinction to reservation by deed. According to our construction, the recovery of rents not reserved by deed is limited by the first statute to six years, those reserved by deed being, by virtue of the second, recoverable within twenty-one years. According to the other, the first statute does not apply at all to such rents; and as they are not within the second, they are, so far as the operation of these two statutes is concerned, without any VOL. VII. DD Our readers will find, that the law had long since provided for the limitation of actions for rent reserved by parol. The 21 Jac. 1, c. 16, s. 3, specifies, among the actions which are to be brought within six years, actions of debt for arrearages of rent; and this, it had been decided, did not extend to rent reserved by indenture. At the time, therefore, that the 3 & 4 Will. 4, c. 27, was passed, the recovery of arrears of rent, such as we are now speaking of, was limited to six years; but as to quit-rents and rent-charges, there was no such limitation, nor, as we have seen, as to rents reserved by deed. Is it not therefore the reasonable construction of the two statutes, to make them supply periods of limitation only when they were wanting, and not to give to them the superfluous effect of providing for what was already provided for? And this view, viz. that in the 3 & 4 Will. 4, c. 27, by the word "rent" is meant quit-rents, rent-charges, and the like, is confirmed by the words of the report of the Real Property Commissioners. Not indeed that any such document can be used by the courts to aid in the construction of an act of Parliament, but we, in our humble capacity of inquirers, may properly refer to it. In the first report, p. 50, they say "With respect to certain rents, there is at present no limitation either as to title or arrears, except that of fifty years, created by the stat. 32 Hen. 8, which is to preclude any presumption of release or payment. We think the limitation as to quit rents, as well as rent-charges, and all periodical payments issuing out of land, other than conventional rents between landlord and tenant, should be assimilated to the limitation of actions as to the land itself; that what is tantamount to a dispossession for twenty years should bar the right to the rent, and that the arrears, like other debts, should be barred by the lapse of six years. Where rent is reserved upon a lease under seal, there is no limitation as to the arrears, although, in practice, where there is no proof of acknowledgment, a jury is directed to presume payment after twenty years. We conceive that a positive bar would be much preferable to a presumptive, which may be rebutted; and we see no reason why annual payments should be allowed to be sued for after the expiration of six years, whether they may have been secured by deed, or only arise from simple contract." The latter part of this recommendation, that no distinction should be made between rent and other debts which are barred by the lapse of six years, whether the rent arises by deed or otherwise, has not we have seen been followed. It is however evident that the rents which the commissioners had in view were those which were not then within the Statute of Limitation, quitrents, rent charges, and rents reserved upon leases under seal. The opinion that the 42nd section of the 3 & 4 Will. 4, c. 27, does not apply to rents reserved upon a demise, derives confirmation from the construction which has been put upon the 2nd section of the same statute, that no person shall make an entry or distress, or bring an action to recover any land or rent but within twenty years next after the time at which the right to do so shall have first accrued. In Grant v. Ellis (9 Mee. & W. 113), it was contended that this applied to rents reserved upon demises; but the court I decided that it did not. It is true that the reasons given in the elaborate judgment for arriving at that conclusion are not strictly applicable to the latter section of the statute. When however we have fixed the interpretation of the 2nd section, the arguments for giving a different interpretation to the 42nd are easily answered. If it be said that there is nothing in that section to limit the meaning of the word rent, or make it applicable to some kinds only, we reply that neither is there in the 42nd. If the interpretation clause be appealed to, which says that the word rent shall extend to all heriots, and to all services and suits for which a distress may be made, the answer is, that that clause has failed to extend the second section to conventional rents, and need have no farther effect on the 42nd. In short, the decision in Grant v. Ellis, seems in our judgment to decide the question as to the other section; and we think the conclusion at which the courts will arrive is, that the 3 & 4 Will. 4, c. 27, does not apply to cases between landlord and tenant. There is one difficulty, however, arising from such a construction, which must be noticed. In the 3 & 4 Will. 4, c. 27, it will be observed the remedy by distress is expressly mentioned. Not so is it in the 3 & 4 Will. 4, c. 42. If, therefore, the former statute be held to apply to rents reserved upon demises, then as it is only in part repealed by the latter, in which the remedy by distress is not mentioned, it follows, that, although when the lease is by deed, the lessor may recover arrears of rent for twenty years, he can only distrain for six years' arrears, which is a manifest inconsistency. On the other hand, if the 3 & 4 Will. 4, c. 27, does not apply, there is no express limitation as to the remedy by distress. But there would be no inconsistency, and all difficulty might be avoided, by holding the distress to be limited to the same period as an action for the same rent. Imperial Parliament. HOUSE OF COMMONS. Thursday, August 3. The report on the Law of Evidence Bill was brought up, and the bill ordered to be read a third time on Tuesday next. The report on the Warrant of Attornies Bill was brought up, and the bill ordered to be read a third time. Statute. 6 & 7 VICT. CAP. XXXVIII. An Act to make further Regulations for facilitating the hear ing Appeals and other Matters by the Judicial Committee of the Privy Council. [28th July, 1843.] Sect. 1. Appeals, &c., may be heard by not less than three Members of the Judicial Committee of the Privy Council under a special Order of her Majesty. 2. Powers of the Judicial Committee and their Surrogates in respect to Appeals from Ecclesiastical and Admiralty Courts. 3. Who to be Surrogates and Examiners of the Judicial Committee in Ecclesiastical and Admiralty Appeals. 4. Past Proceedings of Surrogates of the Judicial Commiitee valid, notwithstanding certain Infor malities. Committee, or their Surrogates, in such causes of appeal: Be it enacted &c., That in any appeal, application for prolongation or confirmation of letters patent, or other matter referred er hereafter to be referred by her Majesty in Council to the Judicial Committee of the Privy Council, it shall be lawful for her Majesty, by order in council or special direction under her royal sign manual, having regard to the nature of the said appeal or other matter, and in respect of the same not requiring the presence of more than three members of the said committee, to order that the same be heard, and when so ordered it shall be lawful that the same shall be accordingly heard by not less than three of the members of the said Judicial Committee, subject to such other rules as are applicable, or under this act may be applicable, to the hearing and making report on appeals and other matters by four or more of the members of the said Judicial Committee. 2. That in respect of all incidents, emergents, dependents, and things adjoined to, arising out of, or connected with appeals from any Ecclesiastical Court, or from any Admiralty or Vice Admiralty Court, (save in giving a definitive sentence, or any interlocutory decree having the force and effect of a definitive sentence), the said Judicial Committee and their Surrogates shall have full power, subject to such rules, orders, and regulations, as shall from time to time be made by the said Judicial Committee, (with the approval of her Majesty in Council), to make all such interlocutory orders and decrees, and to administer all such oaths and affirmations, and to do all such things as may be necessary, or the Judges of the courts below appealed from or their Surrogates in the cases appealed, or the Judges of the courts appealed to or their Surrogates, or the Lords Commissioners of Appeals in prize causes, or their Surrogates, and the Judges delegate or their condelegates under commissions of appeal under the Great Seal in ecclesiastical and maritime causes of appeal, would respectively have had before an act passed in the 2 & 3 Will. 4, [c. 92], intituled "An Act for transferring the Powers of the High Court of Delegates, both in Ecclesiastical and Maritime Causes, to his Majesty in Council," and another act, passed in the 3 & 4 Will. 4. [c. 41], intituled "An Act for the better Administration of Justice in his Majesty's Privy Council," were passed. 3. That the Surrogates and Examiners of the Arches Court of Canterbury and the High Court of Admiralty of England, and such persons as shall from time to time be appointed Surrogates or Examiners of the said court, shall be by virtue of this act Surrogates and Examiners respectively of the Judicial Committee of the Privy Council in all causes of appeal from Ecclesiastical Courts and from any Admiralty or ViceAdmiralty Court. 4. That all orders, decrees, and things heretofore done and expedited in such causes of appeal by the Surrogates appointed by the said Judicial Committee of the Privy Council, shall be deemed to be valid and effectual, if otherwise lawfully done and expedited, notwithstanding any informality or want of authority in respect to the same in the orders of his late Majesty in Council of the 4th day of February, 1833, of the said Judicial Committee of the 5th day of February, 1833, of the order of his late Majesty in Council of the 9th day of December, 1833, of an order of the said Judicial Committee of the 10th day of December, 1833, and an order of his late Majesty in Council of the 12th day of August, 1835. 5. That, subject to such rules and regulations as may from time to time be made by the said Judicial Committee with the approval of her Majesty in Council, and save and in so much as the practice thereof may be varied by the said acts of the reign of his late Majesty or by this act, the said causes of appeal to her Majesty in Council shall be commenced within the same times, and conducted in the same form and manner, and by the same persons and officers, as if appeals in the same causes had been made to the Queen in Chancery, the High Court of Admiralty of England, or the Lords Commissioners of Appeals in Prize Causes respectively; and all things otherwise lawfully done and expedited in the said causes of appeal by the Registrar of the High Court of Admiralty of England, his deputy or deputies, in consequence of the passing of the said acts of the reign of his late Majesty, shall be deemed to be valid to all intents whatsoever. 6. And whereas by the provisions of the hereinbefore secondly-recited act, it was enacted, that the said Judicial Committee should have and enjoy in all respects such and the same power of punishing contempts and of compelling appearances, and that his Majesty in Council should have and enjoy in all respects such and the same powers of enforcing judgments, decrees, and orders, (both in personam and in rem), as are given to any court ecclesiastical by an act of Parliament passed in a session of Parliament of the 2nd & 3rd years of the reign of William 4, [c. 93], intituled "An Act for enforcing the Process upon Contempts in the Courts Ecclesiastical of England and Ireland," and that all such powers as are given to courts ecclesiastical, if of punishing contempts or of compelling appearances, should be exercised by the said Judicial Committee, and of enforcing decrees and orders should be exercised by his Majesty in Council, in such and the same manner as the powers in and by such act of Parliament given, and should be of as much force and effect as if the same had been thereby expressly given to the said Committee or to his Majesty in Council; be it enacted, That so much of the said act as relates to the powers thereby given to the said Judicial Committee and to his Majesty in Council, under the last-recited act, shall be repealed. 7. That for better punishing contempts, compelling appearances, and enforcing judgments of her Majesty in Council, and all orders and decrees of the said Judicial Committee or their Surrogates, in all causes of appeal from Ecclesiastical Courts and from Admiralty or Vice-Admiralty Courts, her Majesty in Council and the said Judicial Committee and their Surrogates shall have the same powers, by attachment and committal of the person to any of her Majesty's gaols, and subsequent discharge of any person so committed, as by any statute, custom, or usage belong to the Judge of the High Court of Admiralty of England; and the said Judicial Committee shall have the same immunities and privileges as are conferred on the Judge of the High Court of Admiralty of England under an act passed in the 3 & 4 Vict. [c. 65], intituled "An Act to improve the Practice and extend the Jurisdiction of the High Court of Admiralty of England," as fully as if the same had been thereby expressly given to the said Judicial Committee. 8. That in all causes of appeal to her Majesty in Council from Ecclesiastical Courts, and from Admiralty or Vice-Admiralty Courts, in which any person duly monished or cited or required to comply with any lawful order or decree of her Majesty in Council, or of the said Judicial Committee or their Surrogates, and neglecting or refusing to pay obedience to such lawful order or decree, or committing any contempt of the process under the seal of her Majesty in ecclesiastical and mari. time causes, shall reside out of the dominions of her Majesty, or shall have privilege of peerage, or shall be a lord of Parliament or a member of the House of Commons, it shall be lawful for the said Judicial Committee or their Surrogates to pronounce such person to be contumacious and in contempt, and after he shall have been so pronounced contumacious and in contempt to cause process of sequestration to issue under the said seal of her Majesty against the real and personal estate, goods, chattels, and effects, wheresoever lying within the dominions of her Majesty, of the person against or upon whom such order or decree shall have been made, in order to enforce obedience to the same, and payment of the expenses attending such sequestration, and all proceedings consequent thereon, and to make such further order in respect of or consequent on such sequestration, and in respect of such real and personal estate, goods, chattels, and effects sequestrated thereby, as may be necessary, or for payment of monies arising from the same to the person to whom the same may be due or into the registry of the High Court of Admiralty and appeals for the benefit of those who may be ultimately entitled thereto. 9. That all inhibitions, citations, monitions, and other instruments incidental to or arising out of such causes of appeal shall be issued in the name of her Majesty, and under seal of her Majesty in ecclesiastical and maritime causes, and shall be of full authority in all places throughout the dominions of her Majesty. 10. That in all appeals in ecclesiastical and maritime causes to her Majesty in Council it shall be lawful for her Majesty in Council, and the said Judicial Committee or their Surrogates, at the petition of any person interested in the same, to decree monitions for the transmission of any sum or sums of money respecting which any order or decree may be made, or any questions may be depending arising out of such causes, and the proceeds of all ships or vessels, goods, and cargoes respecting which any appeals may be depending, into the registry of the High Court of Admiralty and appeals, for the benefit of |